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How a U.S. Citizen Came to Be in America’s Cross Hairs


I have no problem with a drone strike to take out this AQ agent/member even if he is an American citizen in Yemen. AQ is a certified terrorist organization and killing a terrorist by any means of any citizenship is okay in my book. Now on U.S. soil I might have to think about it a bit. Question, do they still issue the WANTED DEAD OR ALIVE posters?
 
I think people are missing the broader picture where drone strikes against US citizens turned terrorist is concerned.

Define “terrorist”. This could be read as claiming people are missing the broader picture where drone strikes against US citizens turned criminals is concerned.


This question seems to espouse the idea that the Constitution may be disregarded, given time and circumstance, or that it no longer applies to you, if you commit crimes, or even suspected of being an enemy combatant.


Strict adherence to the law is driven by political ideology. The Constitution was specifically meant to restrain government from tyranny. It makes no sense to ask why a criminal doesn’t turn himself in, and to say those who do not ask this question are more concerned with personal morality. Strict adherence to the law IS political ideology. The Constitution is the line in the sand whether you are a criminal or the government.


It is good to exhaust all avenues, but this basically claims that ‘anything goes’ once patience has run out.

Yes, that's right: YEMEN!

Then if they are hiding him, not cooperating with his capture as he continues to even make attacks on the United States, then we know who we can declare war on (if nothing else, to expedite cooperation), don’t we? Especially if he is the true threat the government says he was.

Frankly, I would rather we did capture the guy and give him his day in court, but apparently that wasn't possible. So, he got what he got.

So you espouse imperialist policies that make the whole world a battle field in which the American government has the right to fire missiles anywhere it chooses, even without a given countries cooperation. Try that crap in Russia or China and see what happens.

You have fine rationalization for the dismissal of the rule of law.
 
and he sought a legal opinion to assist that determination when it was found that the enemy combatant was also of American birth
and his decision appears consistent with the proffered legal reasoning

He should have dispensed with the lawyers. Adding them only made the whole process seem like a cynical exercise in hypocrisy.
 
yet another "anything to blame Obama" thread. Seriously, the dude was out in Yemen hanging out with terrorists and got killed for it? That is the evil that obama did? That is whjat you want us to be offended at now? Sort of like how they wanted us to be offended when obama actually ordered the killing of OBL.

Show us where Obama has ordered a drone strikes on some guy having tea in the UK, or some kid up at casino niagra. The fact he killed some guy for chilling with terrorists doen't bother me, and it certainly would not bother any of the detractors in this thread if it were a republican doing it. the fake outrage is palpable, but it is still fake. However, in case you are really worried it might be a good idea to stop supporting the terrorists who attack americans. Since you seem to be on their side now trying to defend them I thought perhaps you might want to know it is a dangerous place to be. You might want to put off the trip to Yemen to go hanging out in your terrorist friend's basement. I hear his mom is a real PITA anyway.
 

It seems that there is the Constitution and there is the Constitution of your imagination.

In the real Constitution when a US citizen joins foreign combatants to take up arms against the US then he has revoked his citizenship and becomes a foreign combatant. There need no longer be any concern about his rights as a citizen. His disposition becomes a military matter to be handled by military means, and that includes his identification as a foreign combatant. So it is not a matter of patience running out and claiming that anything goes, it is a matter of established law.

People are often astonished to find something in the Constitution that they don't like, but there it is.
 

Bringing in a charge of treason only confuses things. He need not be convicted of treason to be declared a foreign combatant at war with the US; that can be done administratively. Either way he gets a Hellfire missile up his rear.
 

With all due respect, I have given reference to the imaginary Constitution you claim is a figment of my imagination.

Can you please point out to me, in the real Constitution, the support for your assertion; "when a US citizen joins foreign combatants to take up arms against the US then he has revoked his citizenship and becomes a foreign combatant. There need no longer be any concern about his rights as a citizen. His disposition becomes a military matter to be handled by military means, and that includes his identification as a foreign combatant."?
 
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Exactly why our imaginary "assassination court" would have issued the permit to kill him. Clear evidence. The only real objection to this procedure would be if it were used under questionable circumstances.





 

You are correct in that a legal opinion is not the law. It is what it is: a legal opinion or interpretation of the law. However, from the Executive, such opinions have long given the President clout - justification - to either expand his legal reach or ignore portions of the law as he sees fit. This is where I agree with Rand Paul in principle at least. American citizens needed to know what the issues are on both sides of this matter. As far as I'm concerned, it's a settle matter: No drone strikes on US soil; no drone strikes against suspected terrorist unless and until all other avenues have been exhausted. Of course, WE, THE PEOPLE, may never know to what extremes the President has taken in fighting terrorism as Commander-in-Chief, but I must believe that all players - from Intel to Defense to Presidential Advisors to Congress, if necessary, have all had their say and other avenuers were thoroughly addressed or attempted before breaking out one of the most mobile, flexible and leathal weapon in America's military arsenal - drones w/laser guided missles - to kill discriminently.

I try to remember, at least from my vantage point as a private citizen, the social-political waters the President of the United States has to navigate on a daily basis. I imagine sometimes matters aren't as clear cut as we, this nation's citizesn, expect them to be. So, in most cases I'm willing to give the President the benefit of the doubt until I learn otherwise.

Where drone stikes against Americans abroad is concerned in fighting the War on Terror, I think the President deserves some latitude here. Same could be said for wireless wiretaps, a position I still have reservations over, but can understand the need to listen in on private cell phone conversations in a nation that is a cultural magnet - the perverbial "melting pot" - for people from all walks of life come to experience the liberties we, natural born and deemed citizens, often take for granted. I admit I've given GWB flack over the Patriot Act in the past, but the more I learn of how the terrorist operated leading up to 9/11, the more I realize such a bold step needed to be taken. Perhaps not as broad as originally authorized (hence, the reason the Patriot Act was replaced with the USA Patriot Act), but necessary nonetheless.
 
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It's that damned Commander in Chief thing again. As part of his authority over foreign affairs, the President directs the State Department to administer procedures whereby a person automatically loses his citizenship, and those rules are part of that.

The sad story of William Alexander Morgan provides an example:

William Alexander Morgan - Wikipedia, the free encyclopedia
 

Again, the person I was addressing stated "show that the legal opinion should be shelved because it is erroneous and i will default to the subsequent, correct legal opinion
until that time, i would adopt the legal opinion which has been made available to be relied upon"

My point was that if the document is secret then no one can "show that the legal opinion should be shelved because it is erroneous"
 

I already debunked your false claims the last time you posted this. An American can only lose their citizenship under the circumstances specified by Congress in the Immigration and Nationality Act of 1952.
8 USC § 1481 - Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions | Title 8 - Aliens and Nationality | U.S. Code | LII / Legal Information Institute

Al-Awlaki performed no actions that meet the standards of the law and would result in the loss of citizenship. The state department has issue no such claim either. The memo released discussing the legality of the drone strikes didn't make any mention about removing citizenship, merely stating it wasn't an obstacle to assassination.

The whole concept is merely a made up fantasy of yours that contradicts existing laws, legal precedent, the constitution and the actions of the state department. Al-Awlaki was a citizen on the day he was killed and the current administration considers that acceptable, no way around it.
 

Wikipedia is not a citation from the Constitution, nor does that link give reference to the Constitution, to support your assertion.

The real Constitution authorizes Congress to create the rules on citizenship in Article 1 Section 8 Clause 4 “To establish an uniform Rule of Naturalization”

They did this in the US Code 8 USC § 1481 that, rathi, points out.

As to Alexander Morgan, I will point out that the State Department revoking his citizenship, doesn’t entail whether or not such was lawful. And we should notice that it was probably not lawful since “In April 2007, the US State Department declared that Morgan's US citizenship was effectively restored, nearly 50 years after the government stripped him of his rights in 1959”. They revoked it based on 8 USC § 1481 (3) “entering, or serving in, the armed forces of a foreign state if (A) such armed forces are engaged in hostilities against the United States”. In which he was not engaged in hostilities, and if he were, that would make Article 3 Section 3 applicable.

Article 3 Section 3 “No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court”

As the US Code coincides... 8 USC § 1481 Loss of nationality … “(7) committing any act of treason against, … … the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.

The Commander in Chief does not have the authority to willy nilly revoke citizenship.
 

Nope, I debunk you back. The Act isn't binding on the President in war time with regard to his functions as Commander in Chief. He may have the State Department deal with the issue of citizenship of a combatant at war with the US if he thinks it best, but he need not.
 

Morgan was a senior commander in a foreign country. The country need not be at war with the US for the State department to revoke his citizenship; this is from a peacetime statute. If he were at war with the US the statute doesn't necessarily apply unless the President says it does.

The state department acted lawfully in both cases. It was clear in the latter instance that he had fallen out of favor with Castro.

The Commander in Chief has the authority to willy nilly do all sorts of things you'd probably find distasteful and unfair.
 
The country need not be at war with the US for the State department to revoke his citizenship.

True, we need not be at war for some other sections of that statute to apply, except under the section of the US Code which states the conditions and standards on which citizenship may be revoked for serving in the armed forces of a foreign state;

8 USC § 1481 - Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions:
(3) entering, or serving in, the armed forces of a foreign state if
(A) such armed forces are engaged in hostilities against the United States

What part of that don’t you get in order to say it is strictly a “peacetime” statute?

If he were at war with the US the statute doesn't necessarily apply unless the President says it does.

Please point out to me the so-called war-time statute which supports that assertion. You have yet to cite any laws, statutes, or even any part of the Constitution to back up your claims. Do so, or yield.
 

The imperial presidency only exists in your mind, not in the law.

From the Supreme Court decision Afroyim v. Rusk

 

There's no such thing as a statute that can direct the President or restrict his actions in the conduct of war. See Separation of Powers. See President as Commander in Chief.

See Federalist Papers # 25 to 28 or thereabouts. The sole means of control the Congress has on Presidential war powers is to restrict funding, and in the Federalist Papers that is regarded as the supreme authority! Do you see anything in the Constitution that says that the President is the Commander in Chief subject to the advice and consent of the Senate or some such? No, there is no qualification or limitation to that authority at all.
 
The imperial presidency only exists in your mind, not in the law.

From the Supreme Court decision Afroyim v. Rusk

Again, this doesn't apply in wartime. It's not a wartime case.

Here is the opinion from SCOTUS:

Google Scholar

The powers of the Commander in Chief are vestigial remnants of the powers of a monarch, the sole exception that the founders granted those who worried that not having a strong executive could turn out to be a big liability. And even then the Commander in Chief was limited to 2 years of funding after which his war making powers could be shut down in toto by Congress. Hardly "imperial" at all.
 
Again, this doesn't apply in wartime. It's not a wartime case.

A) Afroyim v. Rusk was in 1967. While lacking official an official declaration of war, it was as much "wartime" as it is today.
B) The idea that supreme court rulings only apply in peacetime is complete and utter grade A horse **** that has zero basis in either law, logic, or sanity.


The powers of the commander in chief are to command the army. Not become an all powerful dictator during the vaguely defined "wartime" who can dictate non-military affairs and ignore the constitution. Pretending the president is a monarch during war is little more than delusion.
 

1) The federalist papers aren't law
2) Nobody argues with executive supremacy with regards to commanding the army. The problem is your made-up argument that removing citizenship is somehow linked to military command.

Deciding citizenship was a power granted to congress, as evidenced by the 1790 Naturalization Act. The 14th amendment added constitutional definitions. The executive branch doesn't have the power.
 

No, the issue is executive authority over war in wartime vs. ordinary executive authority. No, the Afroyim vs Rusk case was not an issue of executive authority over war matters. You seem to think that good Constitutional law is always "sane". That's naïve.

Let me sum it up: In war the President is an absolute dictator ... until the money runs out.


You keep wanting limitations of ordinary executive authority to leak into wartime authority. It doesn't work. You say that the powers of the commander in chief are to command the army. He commands the whole military and everything that appends to that, and that says it all. He commands without oversight, without any second guessing. Without even the requirement to report to Congress. That's how it is in the Constitution, no use wishing it was different.
 

I've cited my legal claims in this thread, you have nothing to back up any of your fantasies. Show some proof that the mythical wartime powers you posit actually exist in law.
 

Congress still needs to fund a war - isn't that why progressives were pissed during the Bush era? because our Congress - the same cats they voted into office to represent them overwhelmingly voted to fund Iraq and the rest of our games all over the planet? Oh yeah while Obama is doing the same and our Congress is authorizing the funding..

The president can veto the spending bills if he wants to but those bills will just be sent back to congress where 3/5ths of the vote will override the presidents veto...

POTUS is the most meaningless job...
 
I've cited my legal claims in this thread, you have nothing to back up any of your fantasies. Show some proof that the mythical wartime powers you posit actually exist in law.

It's in Article 2 of the Constitution.

Look around. The President is summarily killing Al Qaeda with missiles fired from drones. His response to Congress getting concerned about it was to stop telling them what he's up to.

And yet some regard him as weak in his application of wartime powers:

Obama's Legal Netherworld - By John Yoo and Robert Delahunty | Foreign Policy
 
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